Help Needed Quickly

[stevebow]

Hi all,

My girlfriend was granted a fiancee visa back in january but was post dated until 30.4.2007 at our request. However i want her here now. Will she be allowed to travel on her first visit visa which doesnt expire until 19th April, and return to thailand before the first visa expires, then return 30.04.2007 to the u.k. I have already booked her plane ticket for the fiancee visa, so she will be able to show that she intends to return to Thailand before her first visa expires.

I hope that makes sense (on the southern comfort)

Cheers Steve

[the scouser]

Hi Steve,

Her visit visa is still good for travel to the UK and the immigration officer at the airport will determine her admissiblity. There is a presumption that she will be allowed in, although if the immigration officer believes that circumstances have changed since the visa was issued, it is feasible that refusal could ensue, but it's a remote chance.

Scouse.

[stevebow]

Hi Steve,

Her visit visa is still good for travel to the UK and the immigration officer at the airport will determine her admissiblity. There is a presumption that she will be allowed in, although if the immigration officer believes that circumstances have changed since the visa was issued, it is feasible that refusal could ensue, but it's a remote chance.

Scouse.

Thanks for your quick reply Scouse.

Is there anything i can do/show to prove that she will leave when her first visa expires??

Cheers Steve

[the scouser]

As a starter, how good is her English? If it's not that good, she may have difficulty explaing what is a fairly complicated situation should the immigration officer ask why she's coming to the UK now, when she has a fiancée visa starting in April. Perhaps e-mail her a letter which she can then present to the immigration officer should the need arise.

Scouse.

[stevebow]

As a starter, how good is her English? If it's not that good, she may have difficulty explaing what is a fairly complicated situation should the immigration officer ask why she's coming to the UK now, when she has a fiancée visa starting in April. Perhaps e-mail her a letter which she can then present to the immigration officer should the need arise.

Scouse.

Her English is good, and she will have a printout of her E-Ticket stating that she intends to travel again on her fiancee visa also she will have her return tickets to go back to Thailand early April. The reason is simple, we are missing eachother. I still dont fully understand why the immigration office would think anything was amiss. I know you are saying she has her fiancee visa, but that is still over 9 weeks away, surely immigration would be able to see that she intends to return to Thailand, then start the fiancee visa?

Thanks

Steve

[the scouser]

Personally, I don't think she'll have any problem, but my only concern is that it's an uncommon situation and doesn't fit neatly into one of the immigration officers' pigeonholes. As a consequence, a few questions may be asked.

Scouse.

[stevebow]

Personally, I don't think she'll have any problem, but my only concern is that it's an uncommon situation and doesn't fit neatly into one of the immigration officers' pigeonholes. As a consequence, a few questions may be asked.

Scouse.

Thanks Scouse

But IF they do refuse her, her fiancee visa will still be valid? they cant do anything with that visa can they?

Cheers

Steve

[the scouser]

They might just wonder why you asked for the fiancée visa to be post-dated.

In order to refuse your girlfriend entry, the immigration officer must demonstrate that either circumstances have changed since the visit visa was issued, or that your girlfriend is seeking entry in a capacity not covered by a visit visa. The former attracts a right of in-country appeal, the latter doesn't. Whatever happens, the fiancée visa can't be cancelled, but should your girlfriend be refused entry on the visit visa, her subsequent entry under the fiancée visa would be subject to greater scrutiny than it otherwise would have.

As I said, there is no reason why your girlfriend should not seek to return on her visit visa, and from the details you have posted here, I don't think she will have a problem, and I can see that you miss each other, but I do think that by her coming back as a visitor at this stage, is overly complicating an otherwise straightforward matter.

Have you thought about approaching the embassy to see if they'll bring forward the validity of the fiancée visa?

Scouse.

[stevebow]

They might just wonder why you asked for the fiancée visa to be post-dated.

In order to refuse your girlfriend entry, the immigration officer must demonstrate that either circumstances have changed since the visit visa was issued, or that your girlfriend is seeking entry in a capacity not covered by a visit visa. The former attracts a right of in-country appeal, the latter doesn't. Whatever happens, the fiancée visa can't be cancelled, but should your girlfriend be refused entry on the visit visa, her subsequent entry under the fiancée visa would be subject to greater scrutiny than it otherwise would have.

As I said, there is no reason why your girlfriend should not seek to return on her visit visa, and from the details you have posted here, I don't think she will have a problem, and I can see that you miss each other, but I do think that by her coming back as a visitor at this stage, is overly complicating an otherwise straightforward matter.

Have you thought about approaching the embassy to see if they'll bring forward the validity of the fiancée visa?

Scouse.

Thanks again Scouse

Oh what a life!

To be honest i havnt considered contacting the embassy, would it be best for me to contact them or for my girlfriend? I have a feeling everything will be ok if she comes again on her visit visa, but its just that nagging doubt in the back of my mind. I would just hate to think that i do the wrong thing, as we have waited a long time for the fiancee visa. Like you said before, the chances are everything will be ok. But i dont really like to leave anything to chance, especially something this important.

Cheers again

Steve

[GU22]

They might just wonder why you asked for the fiancée visa to be post-dated.

Not might but will, IMHO.

In order to refuse your girlfriend entry, the immigration officer must demonstrate that either circumstances have changed since the visit visa was issued, or that your girlfriend is seeking entry in a capacity not covered by a visit visa.

The circumstances certainly have changed as, presumably, she didn't have a fv when she got the vv. Also it is possible that the IO will suspect that having decided you/she made a mistake in post dating the fv she is now entering the UK on her vv and does not intend to leave when the vv expires. So she will have to be able to explain why she asked for the fv to be post dated and why she is now coming to the UK for a visit when she is due to enter the UK in a few weeks for settlement. I think the IO is almost certainly going to ask her this when s/he sees both visas in her passport.

To answer "we are missing each other" will, IMHO, only strengthen the IO's suspicions that she does not intend to leave when the vv expires.

My advice is to contact the embassy to see if you can have the fv start date brought forward, and if not then wait until the fv is valid.

You told the embassy that she didn't want to enter the UK again until 30/4. There was presumably a reason for this, so what has changed? You don't have to tell us the answer, but, IMHO, she will have to explain this to the IO when she arrives.

[stevebow]

Although all the reasons for her coming back over on her first visa are geniune, we have taken the your advice and decided to tough it out,

Oh well back to counting the days!!! 65,64,63

Cheers Guys (for making me see sense)

Steve